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The lemon law of the State of Delaware, contained in Chapter 50, is designed to protect the purchaser of a new vehicle against defects during the warranty period.

Manufacturer’s duty and rights

The manufacturer must rectify the defect in the vehicle sold to the consumer at his cost if the vehicle is in warranty and the buyer has notified him in time.

If in the event that, even after trying for a minimum of four times, or keeping the vehicle unusable for at least thirty days within the warranty period, the defect is not rectified, then, the manufacturer may either replace of repurchase the vehicle.

If the consumer chooses the refund option, then along with the contract price, he is entitled to receive all incidental charges as well from the manufacturer. The manufacturer can however deduct some reasonable charges towards the normal ware of the vehicle.

If however the vehicle was subject to any abuse or wrong use by the consumer, then the manufacturer can be released from the above obligations.

Dispute settlement mechanisms

If there is in existence a legally formed informal dispute settlement mechanism of the manufacturer, then this Chapter mandates that the consumer first approach this mechanism with his complaints.

If the consumer is dissatisfied with the above forum’s verdict, then he may approach the court for breach of warranty against the manufacturer. Here if he is successful, then he will be entitled to cost of suit along with the compensation sought.

The consumer is not barred to seek remedy under any other law for the time being in force.

The US federal law governing lemons is officially called The Magnuson-Moss Warranty Act, however, most American states each have their own lemon law.


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